CCA prohibits all forms of sexual misconduct, which includes sexual and gender-related violence or harassment of any form: assault, harassment, domestic violence, dating violence, and stalking. Each of these terms encompasses a broad range of behavior that the CCA forbids and that can subject perpetrators to serious consequences.

Sexual Assault

Having or attempting to have sexual intercourse with another person:

• By force or threat of force;
• Without effective consent; or
• Where the person is incapacitated.

Sexual Assault includes, but is not limited to: rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.

Nonconsensual Sexual Contact (or attempts to commit the same)

Having or attempting to have sexual contact with another person:

• By force or threat of force;
• Without effective consent; or
• Where the person is incapacitated.

Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.

Sexual Exploitation

Occurs when one person takes nonconsensual or abusive sexual advantage of another person for one’s own advantage or benefit, or to the benefit or advantage of another person. Examples of sexual exploitation include:

• Causing or attempting to cause another person to become drunk, drugged or otherwise incapacitated with the intent of engaging in a sexual behavior;
• Recording, photographing or transmitting images of sexual activity and/or the intimate body parts (groin, genitalia, breasts or buttocks) of another person without their consent;
• Allowing third parties to observe sexual acts and voyeurism (spying on people who are engaging in sexual acts or who are doing other intimate activities such as undressing, showering, etc.);
• Exposing one’s genitals in nonconsensual circumstances or inducing someone to expose their genitals;
• Knowingly transmitting a sexually transmitted disease or virus to another person without his or her knowledge; or
• Sexually based stalking and/or bullying.

Domestic Violence

Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating Violence

Violence committed by a person –

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the persons involved in the relationship.

Stalking

A course of physical or verbal contact directed at another person that would cause a reasonable person to -

(A) Fear for his or her safety or the safety of others; or

(B) Suffer substantial emotional distress.

Retaliation

Action which is taken against a person or group of persons because of the person’s or group of persons participation in a complaint or investigation of sexual misconduct, including but not limited to, Complainants, Respondents, witnesses, or others involved in the complaint, investigation and/or resolution of the alleged sexual misconduct. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.

Sexual Harassment or Gender-Based Harassment

Unwelcome, sexual or gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive to interfere with, deny or limit a person’s ability to participate in or benefit from CCA’s education program and/or activities. Sexual harassment has many forms. Sexual harassment is harmful regardless of gender of the perpetrator or the victim.

One form is quid pro quo or “this for that.” Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitutes sexual harassment when it is implicitly or explicitly suggested that submission to or rejection of the conduct results in adverse educational or employment action. An example is an academic advisor asking a student to have sex in exchange for keeping quiet about a student’s violation of the plagiarism policy.

Another form of sexual harassment involves hostile environment. It is sexual harassment when an individual receives unwelcome sexual advances, unwanted verbal, physical, or visual behavior of a sexual nature, or is made to feel uncomfortable because of their gender, gender identity or sexual orientation. Conduct that may constitute sexual or gender-based harassment may include one or more of the following:

• Physical conduct: unwanted touching, blocking normal movement, or interfering with studies or work;
• Verbal conduct: epithets, derogatory comments, slurs, or humor or comments of a sexual nature;
• Visual conduct: leering, making sexual gestures, displaying suggestive objects or pictures, cartoon posters in a public space or forum;
• Written conduct: letters, notes, or electronic communications containing comments, words or images as described above.

Special Policy That Protects Students (No Close Personal Relationships with Teachers, Mentors or Supervisors)

Faculty and other employees of CCA are not allowed to participate in a close personal relationship with a student for whom that employee provides -- or might (by virtue of CCA assigned position or functions) in the future-provide teaching, mentoring or supervision. (Note: Only when explicit and advanced authorization has been obtained in writing from the Executive Vice President or from the Provost, can this kind of relationship with a student take place. This policy is for the protection of students.)

Close personal relationships include dating, sexual and similar close personal relationships that are or are not consensually undertaken by the supervisor and the student. Such relationships do not include the usual and customary socializing at CCA of teacher-student; mentor-mentee; supervisor-employee; faculty member-graduate student; coworkers; and supervisor-student employee. A person provides supervision when s/he oversees, directs or evaluates the work of others.

Consent

Means “affirmative consent,” which means affirmative, conscious, and voluntary agreement to engage in sexual activity.

This means that consent must be given without coercion, force, threats, or intimidation.

It also means that consent cannot be given when a person is deemed to be incapacitated. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether a person knew or should have reasonably known that the other person was incapacitated.

A person cannot freely give consent if they are:

(A) asleep or unconscious;

(B) incapacitated due to the influence of drugs, alcohol, or medication, such that they cannot understand the fact, nature, or extent of the sexual activity; or

(C) unable to communicate due to a mental or physical condition.

It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

Coercion

A form of force that comprises unreasonable pressure for sexual activity. When someone makes clear that they do not want to participate in a sexual activity, that they want to stop, or that their limit is at a certain point, continued pressure to act beyond that point can be coercive.

Force

The use of physical violence and/or imposing on someone physically to gain sexual access. Other forms of force include intimidation (implied threats), threats and coercion that overcome resistance or produce consent. For example, “Have sex with me or I’ll hit you.” “OK, don’t hit me; I’ll do what you want.”

Incapacitation

A state where a person cannot make an informed and rational decision to engage in sexual activity because the person lacks conscious knowledge of the nature of the act (i.e., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. A person is incapacitated, and therefore unable to give consent, if that person is asleep, unconscious, or otherwise unaware that sexual activity is occurring. Incapacitation may occur as the result of alcohol or drugs.

Complainant

Refers to the person who may identify as having experienced, or being a victim or survivor of possible sexual misconduct and who makes a report of sexual misconduct under this Policy. A Complainant can also be a person who reports self-knowledge of an incident of possible sexual misconduct but is not a victim, such as a CCA student, staff member, faculty, teacher, or administrator.

Respondent

Refers to the person whose conduct is at issue under this Policy. A Respondent may be a current or former student, staff member, faculty, teacher, administrator, visitor, alumni, contractor of CCA or any other person. A Respondent may be a stranger or a nonstranger person.

Witness

Refers to any person who either witnessed an incident or who has relevant information regarding a case that is being investigated under this Policy.

Advisor or Support Person

A person who provides support to a Complainant or Respondent and who may be present in a nonparticipating role to provide moral support during any meeting or proceeding under this Policy. The advisor or support person may be a currently enrolled student, parent of the student, or a CCA faculty or staff member, or other person not of the CCA community. Nonparticipating means that the advisor or support person is silent and does not speak or present information during the meeting or proceeding under this Policy. All persons involved in a proceeding might consider themselves as victims and CCA tries to provide meaningful support. [Attorneys are not permitted to participate in any Campus meeting or proceeding under this Policy, absent advance written consent of the Title IX Coordinator and agreement to terms.]

Continue to Reporting Procedures.